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25G - AGMT - LIGHT POLE LICENSING
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25G - AGMT - LIGHT POLE LICENSING
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Last modified
3/30/2017 6:18:34 PM
Creation date
3/30/2017 5:33:58 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25G
Date
4/4/2017
Destruction Year
2022
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b. Assignment. Neither Party may assign, transfer, sublease, or sublet any <br />right, obligation, or privilege given to it hereunder without the prior written consent of <br />the other Party. Subject to the foregoing, this Agreement shall inure to the benefit of <br />and be binding upon the respective successors and assigns of the Parties hereto. <br />c. Interpretation. The language of each part of this Agreement shall be <br />construed simply and according to its fair meaning, and shall never be construed either <br />for or against either Party, regardless of which Party may have drafted the provision. <br />d. Nature of Rights. Nothing in this Agreement shall preclude Licensor from <br />granting any third -party permission to use available capacity on a Light Pole in ways <br />that do not interfere with the rights granted to Licensee under this Agreement. <br />e. Invaliditv of Provisions. To the extent that any terms or provisions of this <br />Agreement shall be finally determined by a court of competent jurisdiction to be invalid, <br />(i) such invalidity shall not affect, release or modify any other terms or provisions, and <br />(ii) in lieu of each such provision which is invalid, illegal or unenforceable, there shall <br />be substituted or added as part of this Agreement a legal, valid and enforceable <br />provision which shall be selected to be as similar as possible, in achieving the economic <br />and business objectives of the Parties, to such illegal, invalid or unenforceable <br />provision. <br />f. Waiver. The failure of either Party to enforce any provision of this Agreement <br />or the waiver thereof in any instance, including but not limited to the right to <br />terminate, shall not be construed as a general waiver or relinquishment on its part of <br />any such provision but the same shall nevertheless be and remain in full force and <br />effect. <br />g. Incorporation Clause. This Agreement, including attached Exhibits, <br />incorporate all the covenants and understandings between Licensor and Licensee <br />regarding the subject matter of this Agreement. No other verbal agreements or <br />understandings exist between the Parties nor shall any be binding upon either Licensor <br />or Licensee unless reduced to writing and signed by the Parties. Any addition, <br />variation or modification to this or any other Agreement shall be ineffective unless <br />made in writing and signed by the Parties. <br />h. Radio Frequency Emission ( "RFE ") Compliance. Licensee shall be <br />responsible, at its sole cost and expense, for ensuring compliance with all regulations <br />relating to RFE. Licensor will cooperate with Licensee, where possible, to allow <br />Licensee to place required signage on a Light Pole where this is necessary to comply <br />with RFE regulations. In addition, Licensee shall use its best efforts to minimize the <br />RFE impact on health of workers and on future uses of the Light Pole. <br />i. Exhibits. Exhibits referenced herein are incorporated by said reference. <br />Licensee shall provide any updates of Exhibit A to Licensor within thirty (30) days of <br />Licensor's written request, delivered pursuant to Section 16 of this Agreement, but not <br />more often than once each calendar quarter. Specifically included as exhibits to this <br />Agreement hereto are: <br />Exhibit A: List of Inst gdg t tents <br />
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